H.M. Kuberappa vs Smt. G.R. Devamma
2024 Latest Caselaw 24953 Kant

Karnataka High Court

H.M. Kuberappa vs Smt. G.R. Devamma on 16 October, 2024

Author: V Srishananda

Bench: V Srishananda

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                                                   NC: 2024:KHC:41966
                                             CRL.RP No. 821 of 2016




               IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                 DATED THIS THE 16TH DAY OF OCTOBER, 2024

                                   BEFORE
                  THE HON'BLE MR JUSTICE V SRISHANANDA
                CRIMINAL REVISION PETITION NO. 821 OF 2016
          BETWEEN:

                H.M.KUBERAPPA,
                SON OF H.MAHADEVAPPA,
                AGED ABOUT 61 YEARS,
                RESIDING AT C/O RADHA
                KRISHNA, AMBEDKAR ROAD,
                CHRISTIAN COLONY,
                HOSANAGAR TOWN - 577 418,
                HOSANAGAR TALUK,
                SHIVAMOGGA DISTRICT.
                                                        ...PETITIONER
          (BY SRI R.SHASHIDHARA, ADVOCATE)
          AND:
Digitally
signed by 1.    SMT.G.R.DEVAMMA,
MALATESH        WIFE OF H.M.KUBERAPPA,
KC              AGED ABOUT 50 YEARS,
Location:       R/O DOOR NO. 1204, 6TH CROSS,
HIGH            TARALABALU BADAVANE,
COURT OF        VIDYANAGAR, DAVANAGERE - 577 006.
KARNATAKA
          2.    STATE OF KARNATAKA,
                REP. BY STATE PUBLIC PROSECUTOR,
                HIGH COURT OF BUILDING,
                BANGALORE 560 001.
                                                  ...RESPONDENTS
          (BY SRI CHIDAMBARA G.S., ADVOCATE FOR R1;
              SRI VINAY MAHADEWAIAH, HCGP FOR R2)

               THIS CRIMINAL REVISION PETITION IS FILED UNDER
          SECTION 397 READ WITH SECTION 401 OF CR.P.C PRAYING
          TO SET ASIDE THE JUDGMENT AND ORDER DATED 04.09.2013
          PASSED IN C.C.NO.165/2007 BY THE JUDICIAL MAGISTRATE
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                                            NC: 2024:KHC:41966
                                        CRL.RP No. 821 of 2016




FIRST CLASS, FIRST COURT, DAVANAGERE AND SET ASIDE
THE JUDGMENT AND ORDER DATED 20.04.2016 PASSED IN
CRL.A.NO.97/2013 BY I ADDITIONAL DISTRICT AND SESSIONS
JUDGE, DAVANAGERE.

    THIS PETITION, COMING ON FOR HEARING, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM:     HON'BLE MR JUSTICE V SRISHANANDA


                         ORAL ORDER

Parties are present with their respective counsels and

learned High Court Government Pleader is also present.

2. Revision petitioner being the husband, suffered an

order of conviction under Section 494 of IPC for the offence of

bigamy, which was confirmed by the First Appellate Court by a

considered judgment.

3. There were also civil proceedings between the parties

where the parties settled the matter amicably with some

conditions. One such condition was to bring the pending

criminal case to a logical end.

4. Therefore, an application has filed under Section 320 of

Cr.P.C. seeking permission to compound the offence before this

Court. On enquiry with the wife represented by her counsel Sri

Chidambara G.S., the Court is satisfied that the matter is

NC: 2024:KHC:41966

amicably settled and having regard to the age of the parties, it

would be advisable to put an end to the unwanted litigation,

though the revision petitioner has been convicted by both

Courts for the offence of bigamy.

5. Taking note of the peculiar and attendant facts and

circumstances of the case, this Court is of the considered

opinion that the discretion vested in this Court and inherent

power under Section 482 of Cr.P.C., an application filed by the

parties needs to be allowed and permit the defacto complainant

to compound the offence.

6. Accordingly, I pass the following

ORDER

i) IA.No.1/2024 is allowed. Consequently, the

Criminal Revision Petition is disposed off.

ii) The complainant, who is respondent No.1 is

permitted to compound the offence under Section

494 of IPC for which the revision petitioner is

convicted.

iii) In view of the same, the conviction order is hereby

set aside.

NC: 2024:KHC:41966

iv) The revision petitioner-accused is set at liberty if

not required in any other case.

Sd/-

(V SRISHANANDA) JUDGE

CPN